The Supreme Court of India has made a significant ruling regarding climate change, expanding the interpretation of fundamental rights. This judgment asserts that all individuals have the right to be free from the adverse effects of climate change. It aligns the fight against climate change with constitutional rights such as life and equality, as stated in Articles 14 and 21 of the Indian Constitution.
This landmark decision places climate change within the context of fundamental human rights in India. By recognizing the right to a clean environment as part of the right to life, the judgment emphasizes the state's constitutional obligation to take action against climate change. This means that climate policies are not merely administrative choices, but essential responsibilities mandated by the constitution.
The ruling emerged from a case focused on the protection of two critically endangered bird species: the great Indian bustard (GIB) and the lesser florican. These species face threats from habitat destruction and climate change. The case highlighted the tension between conservation efforts and the development of infrastructure, particularly the impact of overhead transmission lines on these vulnerable species.
The Court's judgment revises previous directives regarding the undergrounding of power lines, acknowledging the technical and financial challenges involved. It promotes a balanced approach that harmonizes conservation efforts with the necessity of renewable energy development. This sets a precedent for future projects, particularly in ecologically sensitive areas, to seek innovative solutions that respect both conservation and development goals.
The judgment also references India's commitment to increasing its non-fossil fuel power capacity under international agreements, such as the Paris Agreement. The ruling reinforces the need to pursue renewable energy projects while being mindful of their ecological impacts. This reflects a dual commitment to meeting energy demands and conserving biodiversity.
To further these goals, the Supreme Court has established an Expert Committee tasked with evaluating and recommending measures related to the layout of overhead and underground electric lines, conservation strategies for endangered species, and assessing climate change impacts on habitats. The recommendations from this committee are anticipated to inform future policies that balance development and ecological preservation.
While India has a range of environmental laws, it currently lacks a comprehensive climate change legislation. This judgment may catalyze a reassessment of this gap, encouraging the formulation of framework legislation that provides a strategic direction and legally binding targets for climate action, akin to laws in other countries.
This landmark ruling by the Supreme Court of India integrates climate change into the fabric of constitutional rights, advocating for a more focused and legally supported approach to environmental protection and climate action.
Q1. What is the Supreme Court's stance on climate change and fundamental rights?
Answer: The Supreme Court of India has ruled that the right to be free from climate change effects is part of fundamental rights, linking it to Articles 14 and 21 of the Constitution.
Q2. How does this ruling impact environmental policies in India?
Answer: The ruling mandates that climate action becomes a constitutional obligation, leading to more stringent environmental regulations and proactive measures against climate change.
Q3. What case led to this Supreme Court judgment?
Answer: The judgment arose from a case focusing on the protection of endangered bird species, emphasizing the conflict between conservation and infrastructure development.
Q4. What are the implications for conservation and development projects?
Answer: The ruling encourages a balanced approach, allowing for both conservation efforts and the need for renewable energy, impacting future development strategies in sensitive areas.
Q5. Is there a comprehensive climate change legislation in India?
Answer: India currently lacks a singular climate change law, but this judgment may prompt the creation of comprehensive legislation to guide climate action effectively.
Question 1: What fundamental right has the Supreme Court of India linked to climate change?
A) Right to education
B) Right to a clean environment
C) Right to equality
D) Right to free speech
Correct Answer: B
Question 2: What endangered species were highlighted in the Supreme Court's ruling?
A) Bengal tiger and Indian elephant
B) Great Indian bustard and lesser florican
C) Snow leopard and Asiatic lion
D) Blackbuck and Indian rhino
Correct Answer: B
Question 3: What did the Court establish to guide future climate action policies?
A) A new environmental law
B) An Expert Committee
C) A public awareness campaign
D) A national wildlife sanctuary
Correct Answer: B
Question 4: How does the judgment affect the development of renewable energy projects?
A) It bans all renewable projects
B) It encourages sustainable practices
C) It limits investments in energy
D) It has no effect on energy policy
Correct Answer: B
Question 5: Which international agreement's commitments are acknowledged in the judgment?
A) Kyoto Protocol
B) Paris Agreement
C) Montreal Protocol
D) Rio Declaration
Correct Answer: B
Question 6: What does the Court's ruling imply about state responsibility?
A) It is optional for the state
B) It is a constitutional obligation
C) It is limited to certain areas
D) It does not apply to climate change
Correct Answer: B
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